Burges Salmon LLP in Bristol fields ‘a truly expert pensions team, that is an obvious choice for high-value pensions litigation‘, with recent experience handling prominent cases, including high-profile professional negligence claims and high-value equalisation cases. The team has a sizeable roster of trustee and employer clients across the public and private sectors, with expertise in small self-administered scheme (SSAS) and self-invested personal pension (SIPP) disputes, and the related financial services and tax work. Rectification and construction claims are another area of expertise, as are declaratory claims. Justin Briggs jointly heads up the group with Suzanne Padmore, and both are adept across the spectrum of pensions disputes. Clive Pugh is an expert in pensions regulatory and funding matters, while senior associate Amy Khodabandehloo is increasingly known for handling pensions-related professional negligence claims.
Pensions: dispute resolution in London
Burges Salmon LLP
Responsables de la pratique:
Justin Briggs; Suzanne Padmore
Autres avocats clés:
Clive Pugh; Amy Khodabandehloo; Kelly Whittaker
Les références
‘Truly expert pensions team, who are an obvious choice for high-value pensions litigation.’
‘The team, headed by Justin Briggs, is one of the most high profile firms in pensions litigation. Primarily based in Bristol, it is to all intents and purposes, a City firm with the case load and reputation to boot. The team covers a wide range of work from pure pensions disputes (all the way to the ECJ), regulatory matters involving the pensions regulator and hard-fought professional negligence disputes. They act for employer, trustees and members alike.’
‘Justin Briggs and fellow partner Suzanne Padmore are both first rate – energetic, astute, hard working, very experienced and brilliant with clients. Of the associates, Kelly Whittaker and Amy Khodabandehloo both have very big futures and work well above their experience.‘
Principaux clients
PSGS Trust Corporation Ltd, the Trustees to the Robert Horne Group Pension Scheme, appointed by the Pension Protection Fund (PPF)
Honda Group – UK Pension Scheme Trustee Limited
Trustees of the Silentnight Pension Scheme
West Northamptonshire Council
Cobb Europe Limited and the Trustees of the Cobb Pension Scheme
St Modwen Properties PLC and St Modwen Pensions Limited (Rectification Application)
Trustees of Associated British Engineering Plc Pension Scheme
Mattioli Woods plc
Principaux dossiers
- Advising the Trustees, PSGS Trust Corporation Ltd, of the Robert Horne Group Pension in relation to a significant negligence claim valued in excess of £20m against Aon which results from errors committed in the closure of a defined benefit scheme to future accrual, as well as in implementing other scheme changes.
- Advising the Trustees of the Silentnight Group DB Scheme in a significant regulatory matter, which settled in February 2021 following the payment of £25m to the Scheme.
- Advising Cobb Europe and the Trustees of the Cobb Pension Scheme in relation to a Part 8 claim and then the complex implementation of the court approved compromise.
CMS
‘Probably the premier firm for pensions litigation‘, CMS has a stellar reputation for handling Part 7 professional negligence claims, but it also has strength in matters involving the pensions regulator and ombudsman. The group is led by Mark Grant, who also chairs the pensions ombudsman liaison group, and has a strong track-record in professional negligence claims; also an area of expertise for Neil Smith (‘has deep and wide knowledge of the area and really good strategic vision‘), who is also noted for Part 8 cases and rectification matters. Neal Gibson, who clients rate for combining ‘pensions knowledge with general litigation nous‘, has a practice that involves representing pension scheme clients at the first instance and in the Court of Appeal. Tim Green combines pensions advisory expertise with knowledge of pensions disputes, and has recent experience assisting an employer client with its judicial review case. Senior associate Alexandra Tomlinson is also recommended.
Responsables de la pratique:
Mark Grant
Autres avocats clés:
Neil Smith; Neal Gibson; Keith Webster; Mark Atkinson; Simon Pilcher; Tim Green; Alexandra Tomlinson
Les références
‘Experienced team, with experience of pension issues across various industries.’
‘Neal Gibson combines pension knowledge with general litigation nous.’
‘CMS is probably the premier firm for pensions litigation. It is run differently to many practices in that the litigation is usually run from within the pensions team, as opposed to from the litigation team. Their litigators often also do non-contentious pensions work. That means they have a much better understanding of the subject matter of the dispute and of the practical aspects of running pension schemes. This is critical in pensions disputes as the subject matter is very technical and the cases are often limited to points of law rather than necessarily fact heavy.’
Principaux clients
Aon Hewitt Limited
Legal & General
BT
Brown Shipley
Atos Pension Schemes Limited
Entrust Pensions Limited
Punter Southall Governance Services
Willis Towers Watson
Independent Trustee Services Limited
Motor Industry Pension Plan
Trustee of the Reynards UK Pension Scheme
Oasis Community Services
Trustee of the Scottish Solicitors’ Staff Pension Fund
Board of the Pension Protection Fund
Principaux dossiers
- Representing Universities Superannuation Scheme Limited in a case where some active members of the scheme crowdfunded an application to the High Court seeking permission to challenge a number of decisions of the Universities Superannuation Scheme trustee and its directors.
- Acting for the Trustee of the Reynards UK Pension Scheme in relation to innovative proceedings to trigger a third insolvency event of the employer to facilitate entry of the scheme into a PPF assessment period.
Eversheds Sutherland (International) LLP
Eversheds Sutherland (International) LLP fields ‘a technically astute, commercial, and very responsive and proactive team‘ that represents trustees, employers, administrators, life offices and banks , working closely with the firm’s non-contentious pensions practice to provide coverage of the waterfront of pensions disputes. The group is well-versed in construction and rectification proceedings, pensions mis-selling claims, judicial reviews of public sector pensions legislation, enforcement proceedings initiated by the regulator and internal investigations relating to governance. The group is also able to handle ancillary matters, such as disputes arising from data privacy issues. Taking the lead from London is Claire Carroll (provides ‘excellent tactical advice‘), who is experienced in professional liability cases, in addition to pensions disputes more broadly. Jennifer Miles, also in London, handles professional negligence claims for claimants and defendants, as well as issues before the pensions ombudsman and regulator. In Birmingham, Emma King focuses on liability risk reduction for legacy defined benefit pensions, as well as consolidating pension arrangements; while principal associate Daniel Murphy is active in rectification claims and professional negligence cases.
Responsables de la pratique:
Claire Carroll
Autres avocats clés:
Jennifer Miles; Emma King; Daniel Murphy; Richard Bacon; Felicity Rich
Les références
‘Technically astute, commercial, and very responsive and proactive team. Provide good value for money. I would recommend them.’
‘Claire Carroll is very approachable, excellent tactical advice, commercial, responsive and a supportive partner to in-house lawyers. A pleasure to work with. Richard Bacon – Technically excellent, proactive, not afraid of getting stuck into the detail, approachable and supportive. Together, Claire and Richard make an excellent team and they are pleasure to work with.’
‘Claire Carroll knows the pensions industry as well as anyone in the market, and runs a case with breath-taking efficiency and sophistication. She should be the first port of call for anyone with a pensions issue.’
Principaux clients
Standard Life Assurance Limited & Standard Life Trustee Company Limited
Options UK Personal Pensions LLP (formerly Carey Pensions UK LLP) / Options Pension Trustees UK Limited
Aviva Life & Pensions UK Limited
Financial Services Compensation Scheme
West Northamptonshire Council (formerly Northamptonshire County Council)
Aviva Life & Pensions UK Limited
LCP
Universities Superannuation Scheme Limited
Principaux dossiers
- Acting for the representative beneficiary members of two Legal & General pension schemes. The sponsoring employers of those schemes brought a claim for rectification of historic governing documents, over the period from the 1990s to 2016, regarding the provisions which provide for increases to pensions in payment during a member’s first year of retirement.
- Acting for Standard Life Assurance Limited & Standard Life Trustee Company Limited, as the SIPP provider and SIPP trustee in defending a quasi-group claim brought by eight claimants (all ex professional footballers) against 16 Defendants, all except one of which (the IFA) are pension providers/administrators/trustees, with the majority concerning SIPPs.
- Defending multiple mis-selling claims and complaints for Options UK Personal Pensions LLP and Options Pension Trustees UK Limited, including a number of high-profile FOS decisions, relating to Options’ role as a SIPP (self-invested personal pension) administrator and pension scheme trustee. Claims involve numerous complex (often offshore) investments held within SIPPs.
Hogan Lovells International LLP
Hogan Lovells International LLP‘s ‘first-class, extremely knowledgeable and on the ball‘ team focuses on high-profile regulatory cases, often coordinating proceedings across multiple jurisdictions, utilising the firm’s international office network. The group has substantial experience before the pensions regulator, including in relation to less common cases relating to financial support direction. Taking the lead is ‘top of the tree‘ Angela Dimsdale Gill, who spearheads the team’s representation of ITV in complex pensions regulatory proceedings. ‘Absolutely class act‘ Nicholas Heaton acts for a mixture of trustees, employers, pensions advisors and public bodies in regulatory actions, trustee applications for directions, rectification claims and professional liability matters. The ‘energetic‘ Matthew Bullen is another contentious pensions expert, and provides the advisory pensions group with litigation support. Counsel Nathan Sherlock is also recommended for pensions regulatory disputes.
Responsables de la pratique:
Angela Dimsdale Gill
Autres avocats clés:
Nicholas Heaton; Matthew Bullen; Nathan Sherlock
Les références
‘Really first class, extremely knowledgeable and on the ball, and always courteous and professional. A real joy to work with.’
‘Angela Dimsdale Gill is top of the tree, and a true professional. A class apart from many of her rivals.’
‘The Hogan Lovells Pensions: dispute resolution team is a substantial team containing many specialist pensions litigators who have considerable non-contentious expertise as well as familiarity with professional negligence and regulatory claims. This means that key individuals are able to offer a complete pensions litigation service which is invaluable when there are parallel disputes.’
Principaux clients
ITV PLC
HIG Capital and Silentnight Group Limited
De La Rue
Trustee of the Nortel Networks UK Pension Plan
The Board of the Pension Protection Fund
Principaux dossiers
- Representing ITV in pension regulatory proceedings that are of significant importance in the regulatory field and for UK plc generally.
- Acting for Silentnight Group Limited and various entities within the US-based HIG Capital group of companies in the defence of regulatory proceedings brought by the UK Pensions Regulator.
- Acted for FTSE-listed banknote printer De La Rue in a construction application seeking clarity as to the true meaning of an obscure provision in its pensions scheme Rules.
Linklaters LLP
Linklaters LLP is known for handling high-profile pensions litigation and regulatory disputes, with the team commended by clients for being ‘able to deal with high-quality technical and substantial pensions cases‘. In addition, the group is well-versed in mediation. The team is led by Mark Blyth, who has substantial experience before the pensions regulator and pension protection fund, with a focus on scheme funding and restructuring issues, benefit redesigns, the construction of scheme rules, rectifications, and representing clients bringing professional negligence claims. Blyth is ably supported by managing associate Sarah Opie, who has recent experience in rectification and regulatory enforcement cases; and solicitor-advocate Geoff Egerton, an expert in acting for trustees, employers and professional advisers in professional negligence claims.
Responsables de la pratique:
Mark Blyth
Autres avocats clés:
Sarah Opie; Geoff Egerton; Tom Kent
Les références
‘Mark Blyth brings a depth of pensions knowledge to the table combined with excellent litigation skills which help to facilitate innovative and effective outcomes.’
‘Linklaters is able to deal with high quality technical and substantial pensions cases. It typically acts for blue chip corporate employers with substantial pensions schemes, but also act for trustees of large pension schemes. As a result they have acted in many of the largest and high-profile pensions cases of recent years.’
‘Mark Blyth is very clever, always on top of the papers and well organised. he is also a tough negotiator. Sarah Opie provides support on the more technical areas of pensions law. She is both clever and very knowledgeable.’
Principaux clients
Merchant Navy Ratings Pension Fund
KPMG
Principaux dossiers
- Acted for the Trustee of Merchant Navy Ratings Pension Fund and commenced a complex multi-party High Court proceeding to determine the entitlement of members to ill-health early retirement pensions.
- Acted for KPMG LLP in relation to two formal investigations by the FRC and ICAEW, following complaints made by the Pensions Regulator, in connection with advice over the sale of Silentnight to the private equity company HIG in 2011.
Pinsent Masons LLP
Pinsent Masons LLP stands out for its regulatory expertise, ability to handle the spectrum of pension-related civil and criminal offences, and issues relating to data subject access requests and ESG requirements. The group is regularly instructed on high-profile cases, with recent matters including representing beneficiaries in group actions, and trustees in multi-jurisdictional cases involving multiple schemes. ‘First-class’ national pensions litigation team head Isabel Nurse-Marsh is an expert in professional negligence claims, representing clients before the pensions ombudsman and in judicial reviews. Hayley Goldstone, who clients rate as ‘a talented litigator with excellent commercial and strategic judgment‘, acts for trustees, employers, providers and administrators across the pensions disputes space; while Ben Fairhead is known for asset recovery work, actions involving the pensions regulator and professional negligence cases.
Responsables de la pratique:
Isabel Nurse-Marsh
Autres avocats clés:
Hayley Goldstone; Ben Fairhead; Liam Fitzgerald; Laura Crilly
Les références
‘Isabel Nurse-Marsh is a first class individual in this area.’
‘The whole team have been proactive and very user friendly in their liaison with the client, we have had some complex issues to deal with and the team have been great.’
‘Hayley Goldstone has been working with us on this for five plus years now and has been outstanding in her dealings with us and the other parties involved.’
Principaux clients
Univar UK Limited
Dalriada Trustees Limited
Merchant Navy Ratings Pension Fund representative beneficiaries
Trustee of the Newell Rubbermaid UK Pension Scheme
Mercer Limited and Mercer (Ireland) Limited
Royal London
Jardine Lloyd Thomsons (JLT) Benefit Solutions Limited
Trustee of the Plumbing & Mechanical Services (UK) Industry Pension Scheme
Nortel Networks UK Pension Trust Limited
Royal London
Royal Bank of Scotland Retirement Savings Plan
Principaux dossiers
- Acting for thousands of beneficiaries of the Merchant Navy Ratings Pension Fund in a case about underpaid ill health benefits spanning 30 years. Settlement approved by High Court involving £60m+.
- Acting for Dalriada Trustees Limited in multi-jurisdictional and multifaceted litigation involving over 100 schemes with over £250m at stake.
- Advising a market leader on a complex matter spanning decades with linked professional negligence proceedings.
Sacker & Partners LLP
At ‘highly collaborative‘ pensions boutique Sacker & Partners LLP, the disputes piece consists of High Court litigation, regulatory investigations, risk management work, data breaches and disputes with members and advisers. The team is regularly instructed in matters involving the pensions ombudsman. Taking the lead is Peter Murphy, an expert in the powers of the pensions regulator, in relation to regulatory investigations and enforcement activity. ‘A clear and stable guiding light‘, James Bingham handles the gamut of pensions disputes for major UK pension funds, including High Court claims, regulatory investigations, member claims and complaints before the pensions ombudsman. Clients rate senior counsel Arshad Khan for being ‘easy to talk with, understanding the intricacies and able to help with detailed opinions that are straightforward, relevant and easy to understand‘.
Responsables de la pratique:
Peter Murphy
Autres avocats clés:
James Bingham; Arshad Khan
Les références
‘James Bingham has been a clear and stable guiding light in the approach to dispute resolution. From the beginning he was clear about the challenges and prospect for success and has been consistent with his message throughout. He also showed great patience with his client as details slipped from their minds over time and he helped them recall previous discussions.’
‘The Sackers team are highly collaborative – as well as working closely together and bringing in in-house experts for key advice, they listen to understand client’s’ needs and respond in a professional and client focused way. Sackers are good at citing practical examples of either case law or similar situations. They break down complexity, avoid side issues and concentrate on key points. As such, they provide advice in a timely and cost effective way. Sackers do not hide behind legal jargon, but instead communicate at a laypersons level without coming over patronising. In this way, they get the best from a client-advisor relationship.’
‘I have mostly dealt with James Bingham. As he has got to know the trustees well, he has honed his advice in a very clear and focused way. From my perspective, James’ response time is excellent and where he is unable to respond with advice immediately he ensures that he communicates when he will get back. James has often drafted legal letters on my behalf and on all occasions these have been drafted in a style and tone that I had to make few changes to. This demonstrates that he understands his clients needs well and responds appropriately to these.’
Principaux clients
TfL Pension Fund
HSBC Bank (UK) Pension Scheme
John Lewis Partnership Trust for Pensions
ITV Pension Scheme
Arup UK Pension Scheme
GEAPS Pension Scheme
Nationwide Pension Fund
Yorkshire & Clydesdale Bank Pension Scheme
DHL Group Retirement Plan
GSK Pension Scheme
Principaux dossiers
- Advising the Trustees of the Arup Pension Scheme in relation to the recovery of overpayments to members following administrative errors.
- Acting for long-standing client HSBC Bank (UK) Pension Scheme in a series of member claims relating to legal issues with transferring benefits out of the scheme.
- Acting for the Trustees of the GEAPS Pension Scheme in professional negligence proceedings.
Stephenson Harwood
Stephenson Harwood‘s pensions litigation team brings together contentious trusts, regulatory and pensions advisory lawyers. In 2021, the firm launched its executive pensions plan practice, which is increasingly active in the disputes space. The group has a strong client base comprising employers, trustees and representative beneficiaries, with substantial experience in professional negligence claims, rectification issues and construction applications. It is also known for cross-border pensions disputes, recently handling cases involving the recovery of pensions assets from overseas jurisdictions, and investigations launched by the US regulators. ‘All-round superstar’ Helena Berman heads up the team, and is noted as an ‘industry superstar‘ alongside pensions professional negligence expert Jenny McKeown. ‘Building a great profile‘, Chris Edwards-Earl is noted for rectification and construction cases.
Responsables de la pratique:
Helena Berman
Autres avocats clés:
Jenny McKeown; Chris Edwards-Earl
Les références
‘The depth of knowledge gained in experience of a wide range of difficult cases.’
‘Helena Berman is just so experienced. It feels like she will have seen everything before and therefore is unflappable. Great practical advice in complex cases. Chris Edwards-Earl is building a great profile and has the technical knowledge to back that up.’
‘The Stephenson Harwood team are tenacious, creative, organised and totally committed to achieving the optimum outcome of any dispute. They are genuinely invested in developing long term relationships with their clients and bring a huge amount of value add beyond the specific matters on which they are instructed.’
Principaux clients
J.P. McDougall & Co Limited (within the AkzoNobel group of companies) and the Trustees of the J.P. McDougall & Co Limited Pension and Life Assurance Scheme
Mercer Limited
Sedgwick Noble Lowndes Limited
JLT
Trustees of the Santander schemes
Principaux dossiers
- Acting for Sedgwick Noble Lowndes and Mercer Limited in defence of a negligence claim, with alleged value in excess of £100m and over 30 years of potentially invalid deeds, with a strike out/reverse summary judgment hearing.
- Acting for the Representative Beneficiary in Court proceedings that the BBC, as principal employer of the BBC Pension Scheme, is bringing for a determination of questions arising under the Scheme’s amendment power.
- Advising AkzoNobel group and the Trustees of the J.P. McDougall & Co Limited Pension and Life Assurance Scheme in the rectification of a drafting error in a pension scheme, with a view to resolving professional negligence claims arising from the drafting issues.
Allen & Overy LLP
Allen & Overy LLP houses ‘commercial and experienced experts who are a pleasure to work with‘, handling contentious pensions issues for employers ad trustees. The group is led by Neil Bowden, who is experienced in high-profile pension equalisation cases, and includes Jessica Kerslake, Jane Higgins and Jason Shaw, all of whom have significant experience in pensions disputes.
Responsables de la pratique:
Neil Bowden
Autres avocats clés:
Andy Cork; Jane Higgins; Jessica Kerslake; Jason Shaw
Les références
‘Commercial and experienced experts who are a pleasure to work with.’
‘Jason Shaw – all round experience and capability in managing disputes in a commercial way.’
‘A&O are fantastic – a very safe pair of hands who you know will deliver excellent work product consistently.’
Baker McKenzie
Clients rate Baker McKenzie‘s team for being ‘calm, methodical and professional at all times‘. It is regularly instructed in matters involving the pensions ombudsman and pensions regulator, including investigations and regulatory actions. Jeanette Holland (‘extremely good judgement combining technical excellence and commercial acumen‘) is a seasoned pensions disputes lawyer, with experience in de-risking projects. Aaron Slocombe, who is praised as ‘cool under pressure, extremely thorough and methodical in his approach to litigation‘, heads up the London pensions practice. Chantal Thompson is noted for her experience in assisting trustees with their interactions with the pensions ombudsman, and Jonathan Sharp has a niche in pensions-related tax issues.
Responsables de la pratique:
Jeanette Holland
Autres avocats clés:
Arron Slocombe; Chantal Thompson; Jonathan Sharp; Gemma Willingham; Tom McNaughton
Les références
‘Calm, methodical and professional at all times. When navigating particularly contentious pensions disputes, my experience of the team is that it never loses its cool and always responds appropriately with the client’s commercial interests front and centre of everything it does.’
‘Arron Slocombe is cool under pressure, extremely thorough and methodical in his approach to litigation. I feel very secure in the knowledge that the team is well organised and that nothing will be missed.’
‘Tom McNaughton is a joy to work with. Clever, proactive and thorough.’
Gowling WLG
Trustee and pension scheme clients feel that Gowling WLG‘s team is ‘good to have on your side‘ in pensions disputes, with experience in cutting edge High Court litigation, as well as a broad practice that encompasses complaints by members under internal dispute procedures and to the pensions ombudsman. The group is led by Ian Gordon, who has recent experience in high-profile cases, acting for Mitchells & Butlers Pension, Britvic Pensions and the trustees of Axminster Carpets Group Retirement Benefits Plan. Principal associate Charlotte Scholes is another key pensions disputes specialist, with expertise in rectification and construction cases, ably supporting Gordon. In January 2022, Aaron Dunning-Foreman joined from Sacker & Partners LLP and brings with him a specialism in forensic reviews of historic scheme documentation.
Responsables de la pratique:
Ian Gordon
Autres avocats clés:
Charlotte Scholes; Aaron Dunning-Foreman
Les références
‘The team provides a comprehensive service with work done at the right level. They are very well linked with counsel and have a good knowledge of the market.’
‘Ian Gordon : good team leader. Practical experience of the court process and the conduct of live hearings. Thorough and good client liaison skills. Charlotte Scholes: thorough, timely communications. Keeps clients fully engaged throughout. Demonstrates in depth expertise and clarity in explaining issues to clients.’
‘Ian Gordon, who led the Gowlings team, covered all the potential angles in a long running dispute, helping to shape the Trustee case as the Company amended its defence. Ian also helped choose and then brief counsel, so that the Trustee was best represented in Court.’
Principaux clients
Mitchells & Butlers Pensions Limited
Britvic Pensions Limited
Punter Southall Governance Services Limited (trustee of the Axminster Carpets Group Retirement Benefits Plan)
The Trustees of the Thales UK Pension Scheme
The Trustee of KPMG Staff Pension Fund
Principaux dossiers
- Represented Mitchells & Butlers Pensions Limited in its litigation against Mitchells Butlers plc.
- Acted for Punter Southall Governance Services Limited, the trustee of the Axminster Carpets Group Retirement Benefits Plan, in a pensions case that raised a number of issues of industry-wide significance, including the effect of the failure to obtain an actuarial confirmation under section 37 of the Pension Schemes Act 1993 and the circumstances in which pensions are forfeit under the Plan’s rules.
- Acted for Britvic Pensions Limited (trustee of the Britvic Pension Plan) in litigation against Britvic plc. This was another case in a long line of cases in which the courts have had to consider the scope of the employer’s powers to change the rate at which pension increases are granted.
Herbert Smith Freehills LLP
Herbert Smith Freehills LLP‘s lawyers are praised by clients as ‘able to quickly pick up technically complex issues and quickly identify solutions or potential approaches‘, with tent-pole clients including the board of the pension protection fund, which it has recently represented in matters stemming from pension liberation scams. The group has a strong professional negligence practice, and is often instructed by City law firms in a defence role, an area of expertise for practice co-head Paul Lewis. Samantha Brown also takes the lead, and is experienced in representing claimants and defendants in High Court disputes and declaratory proceedings. The firm was re-joined by William Glassey from Mayer Brown International LLP in December 2021, adding an expert in professional liability. Promoted to partner in May 2022, Antonia Pegden is another key practitioner.
Responsables de la pratique:
Paul Lewis; Samantha Brown
Autres avocats clés:
William Glassey; John Whiteoak; Antonia Pegden; Dan Saunders
Les références
‘Able to quickly pick up technically complex issues and quickly identify solution or potential approaches. Focus on the matter at hand and avoid adding extra complexity.’
‘Samantha Brown has a wide range of industry expertise, including advising trustee, corporate and insurance company clients which she brings to bear. Helps us get set out clear negotiation position and get to constructive solutions.’
‘Dan Saunders is able to explain complex issues in clear and concise manner. Very sharp and able to provide good response or challenge on the spot.’
Principaux clients
The Board of the Pension Protection Fund
EY
MS Amlin
Barbican Insurance
Stagecoach Group plc
Timewise Foundation C.I.C
The Trustees of the Hanover Acceptances Group Pension Scheme and Hanover Acceptances Limited
Timewise Foundation C.I.C
Mercer
JLT Wealth Management
Willis Towers Watson
Principaux dossiers
- Represented Stagecoach plc in litigation relating to the Secretary of State for Transport’s decision to disqualify it from bidding for future rail franchises due to its refusal to take on uncapped pension liability.
Osborne Clarke LLP
In 2022, Osborne Clarke LLP brought over the pensions team from BDB Pitmans, welcoming pensions disputes lawyers including Chris Netiatis, who is based in the firm’s Reading office. The group represents employers, trustees, members and pensions advisers on the gamut of contentious issues, with a particular strength in professional negligence, rectification and construction applications. The group is led from Bristol by Jonathan Hazlett, who is experienced in internal dispute resolution procedures and references to the pensions ombudsman. Charles Crowne has an active professional negligence practice; and specialist pensions litigator, associate director Katherine King is noted for handling rectification claims and professional negligence actions.
Responsables de la pratique:
Jonathan Hazlett
Autres avocats clés:
Charles Crowne; Paul Matthews; Katherine King; Charlotte Stafford
Les références
‘They have considerable expertise and experience as pensions litigators, particularly acting for representative beneficiaries. Their approach is thorough, technically sound, sensible and proportionate, which is exactly what one would want from a firm acting on behalf of members.’
‘We have worked with and had good experiences of Charles Crowne and Katherine King in particular.’
‘The OC team are very experienced at representing representative beneficiaries. Jonathan Hazlett provides a superb lead – he has very sound judgement. Charlotte Stafford is excellent: very diligent and clever. Katherine King is first rate: very quick and to the point. As a whole, the team know the importance of trying to stick to estimates and keeping an eye on costs. They are very sensible and don’t over-complicate things.’
Principaux clients
Representative defendant of the membership of Axminster Carpets Group Retirement Benefits Plan
Representative beneficiary of the membership of the De La Rue Pension Scheme
Trustees of the T&N Retirement Benefits Scheme (1989)
The Board of the Pension Protection Fund
Broadstone
Trustees of the Boxclever Group Pension Scheme
Trustees of the Old British Steel Pension Scheme
Scottish Widows Plc
Principaux dossiers
- Acted for a representative beneficiary in declaratory proceedings concerning the validity and effect of scheme amendment documents in relation to pension increase provisions.
- Acted for the representative beneficiary of the membership to the De La Rue Pension Scheme in complex Part 8 construction proceedings concerning drafting errors in relation to the pension increases in payment and revaluation rules in three separate deeds.
- Represented the trustees of the T&N Retirement Benefits Scheme (1989) in relation to Employment Tribunal proceedings arising out of the application of PPF restrictions to 17 scheme members whose benefits were subject to the PPF compensation cap when Federal Mogul entered insolvency.
Slaughter and May
Slaughter and May utilises the expertise of its commercial litigation and pensions lawyers in pensions disputes, with a case list that includes judicial reviews, investigations and proceedings initiated by the pensions regulator, as well as professional negligence claims and mediation proceedings, benefits disputes and ombudsman complaints. Core team members include ‘confidence-inspiring‘ commercial litigator Richard Jeens, who represents trustees and employers in a wide variety of disputes and investigations; and Daniel Schaffer, who trustee clients rate for his ‘depth and breadth of experience and clarity in communicating the key issues‘. Senior associate Edward Coles, who has recent experience in investigations before the pensions regulator; while associate Rachel Hunter is increasingly active in the space.
Responsables de la pratique:
Richard Jeens
Autres avocats clés:
Dan Schaffer; Edward Coles; Rachel Hunter
Les références
‘The team is extremely responsive and very personable, making them (from a client perspective) a pleasure to deal with. I have been particularly impressed by the intellectual clarity and structure which underpins their legal analysis and advice. This greatly contributes to them being able to communicate effectively with us. This is allied with a formidable approach to negotiations. Crucially, the link between the pensions and dispute resolution specialists in the team is seamless.’
‘Richard Jeens has led for us on the disputes side. From a client perspective, he is extremely straightforward to deal with, and has a very firm grasp of both the details and the strategic big picture. He is very bright and commercially aware, and highly responsive. He is also a really excellent communicator.’
‘Highly sophisticated team, with both transactional and advisory/litigation capabilities in the pension sphere.’
Principaux clients
Trustee of the BT Pension Scheme
Trustees of the Ford Pension Schemes
Trustees of the Marks and Spencer Pension Scheme
Railways Pension Trustee Company Limited, the Trustee of the Railways Pension Scheme
Principaux dossiers
- Advising the Trustees of the BT Pension Scheme, Ford Pension Schemes and Marks and Spencer Pension Scheme in relation to their application for a judicial review of the UK Statistics Authority’s decision to align RPI with CPIH from 2030.
- Advising Railways Pension Trustee Company Limited, the Trustee of the industry-wide Railways Pension Scheme, in relation to a dispute over contributions provisions and a connected investigation by the Pensions Regulator.
Squire Patton Boggs
‘Consistently strong with litigation work‘, Squire Patton Boggs‘ team is adept at contentious regulatory and fraud-related pensions work, with additional expertise in professional negligence cases, where it represents trustees and employers in bringing claims. Tax disputes and data protection issues concerning pension schemes are other niches for the group, which also has a growing risk management focus. Leading the department from Manchester is ‘excellent case strategist‘ Victoria Leigh, who is active in pension disputes thought leadership. Also in Manchester, senior associate Rebecca Green is building a practice that involves pension-related professional negligence claims. In Birmingham, Simon Garbett acts for employer and trustee clients across the waterfront of contentious pensions issues. In Leeds, Jason Blakey has experience in representing companies involved in pensions liberation fraud cases.
Responsables de la pratique:
Victoria Leigh
Autres avocats clés:
Simon Garbett; Jason Blakey; Rebecca Green; Mariyam Harunah
Les références
‘Victoria Leigh and Rebecca Green have been excellent in their approach in helping me to understand the processes and what is happening in terms that I am able to understand.’
‘Consistently strong with litigation work, I have extensive experience of SPB’s Manchester Office and it has been uniformly excellent. Equally at home with corporate or individual clients, in my experience they tend to go the extra mile wherever possible to ensure they best understand and meet a client’s needs.’
‘Victoria Leigh stands out first and foremost because of her ability to analyse complex case issues with considerable skill but then explain them to lay clients in a manner which is fully intelligible without being shrouded in legal terminology. Secondly, she is an excellent case strategist. Finally, she has always been genuinely keen to provide excellent client service across the board. As to associates, I would strongly recommend Mariyam Harunah.’
Principaux clients
Jaguar Land Rover Pension Scheme
Greater Manchester Pension Fund
Representative Beneficiary of the Cobb Pension Scheme
Representative Beneficiary of the CMG Pension Scheme
Representative Beneficiary of the Newell Rubbermaid UK Pension Scheme
Thames Water Pension Trustees Limited
Principaux dossiers
- Acting for a representative member of the Parker and Sanford section of the Newell Rubbermaid UK Pension Scheme in a claim brought by the trustee seeking clarification from the court as to whether members of the Parker Pen Pension Plan who were under 45 who transferred from the final salary section to a money purchase section had their benefits transferred correctly.
- Advised a representative member of the CMG UK Pension Scheme on an application for an order rectifying certain definitions in the Scheme’s Rules annexed to a Deed of Variation.
- Completed the successful defence of a Scheme member’s appeal of a Pensions Ombudsman’s decision, determining that the Scheme member was not entitled to a cash equivalent transfer enhanced to take into account Serious Ill Health Pension benefits.
Addleshaw Goddard
Addleshaw Goddard‘s pensions disputes group is positioned to handle litigation arising out of SIPPs, SSAS and pensions products, as well as instructions related to pensions liberation and fraud. The group is also well-versed in data breach issues relating to pensions. The team is led from Manchester by Susan Garrett (who has ‘the sort of experience you cannot buy‘), who is an expert in professional negligence claims, in addition to pensions liberation and fraud cases, and warranty and indemnity claims. In Leeds, Rachel Uttley focuses on internal dispute resolution procedures and pension ombudsman claims, while Jade Murray, head of the SIPPs and pension products team, acts for trustees and administrators in a variety of contentious issues. Rachel Rawnsley is also in Leeds and has a strong trustee client base and London’s Catherine McAllister is the name to note for court applications seeking directions and rectification.
Responsables de la pratique:
Susan Garrett
Autres avocats clés:
Rachel Uttley; Jade Murray; Rachel Rawnsley; Catherine McAllister
Les références
‘Strong team, good balance of technical pensions knowledge and litigation experience. Involved in some big cases in recent years.’
‘Catherine McAllister has great pensions know-how, leading light in resolving the mess caused by GMP equalisation. Jade Murray is respected across the industry, commercial awareness and able to identify novel solutions to otherwise intractable problems.’
‘The pensions dispute team are a delight to work with. They are a dynamic and holistic team, feeding expertise from the advisory side where necessary, as well as being great team players. Their pensions expertise stands out in a competitive market.’
Principaux clients
Britvic Plc
Toyota Material Handling UK Limited
The Trustees of the BT Rolatruc Staff Life Assurance and Pension Scheme
Trustee of the Asda Group Pension Scheme
CMG Pension Trustees Limited
Trustee of the Mercer Master Trust
Pension Insurance Corporation
Trustee of the Kellogg GB Pension Fund
Rothermere Continuation Limited (shareholder of Daily Mail and General Trust Plc)
Co-operative Group
Diageo
Trustee of the Ibstock Pension Scheme
Trustee of the Royal Blind Group Pension Scheme
Virgin Money
Financial Services Compensation Scheme
Principaux dossiers
- Successfully acted for Britvic plc in an appeal to the Court of Appeal concerning the interpretation of the pension scheme’s deed and rules.
- Acting for Toyota Material Handling UK Limited and the Trustees of the BT Rolatruc Staff Life Assurance and Pension Scheme in a professional negligence claim against their former advisor, Mercer Limited.
- Acted for CMG Pension Trustees Limited in two sets of court proceedings concerning the CMG UK Pension Scheme.
Clyde & Co
Clyde & Co has a stand-out reputation for professional negligence claims arising from the pensions sector, drawing from the firm’s stellar professional indemnity capabilities. The group is also instructed on remedial proceedings for declaratory relief, and claims related to the failed execution and defective drafting of scheme documentation, and cases concerning defective advising on scheme restructurings and mergers. Pensions trustee liability insurance claims are another key area for the firm. Ivan Wilkinson is a main contact, and is noted for his strong track-record in professional liability issues; Laura Cooke focuses on pension trustee liability work, with a practice that involves pension mis-selling claims; while Terry Saeedi, who splits her time between London and Leeds, has experience in professional negligence actions and appeals to the pensions ombudsman. Fergal Cathie coordinates the overall practice.
Responsables de la pratique:
Fergal Cathie
Autres avocats clés:
Ivan Wilkinson; Laura Cooke; Terry Saeedi; Toby Rouse; Sarah Clover
Les références
‘Their peerless expertise in professional negligence pensions cases makes them a strong choice for the hardest cases. Their strategic vision has been exceptional, as has the resource which they have been able to deploy in massive disclosure exercises; and their case management and negotiation skills to close a settlement were exceptional.’
‘Ivan Wilkinson has been exceptional in the cases we’ve worked on together. He was measured, astute, considered and precise. He managed the case brilliantly, inspiring the large team around him as a great team leader. Tireless, he didn’t put a foot wrong.’
‘The absolute leaders in relation to professional negligence in the pensions context. Second to none.’
Dentons
‘Punching above its weight’, the pensions dispute group at Dentons handles contentious issues for employers and trustees, concerning both defined benefit and defined contribution schemes. Lawyers bring to bear experience as non-contentious pensions practitioners, giving them a well-rounded view of the area. The team is situated in the people, reward and mobility department, under the leadership of Virginia Allen. Eleanor Hart is the UK head of the rewards sub-group, and is the key contact for pensions disputes, often representing trustee clients. The ‘refreshingly upbeat and candid‘ Elmer Doonan is a seasoned contentious pensions specialist, with particular expertise in the intersection between insolvency and pensions law.
Responsables de la pratique:
Virginia Allen; Eleanor Hart
Autres avocats clés:
Elmer Doonan
Les références
‘The Dentons pensions team is relatively small but punches above its weight. The pensions non-contentious team is led by Eleanor Hart who has a wealth of experience in restructuring and similar issues. On the disputes side, the firm has been involved in a mix of high-profile matters and (unusually) also ones of national importance.’
‘Consultant Elmer Doonan seems as busy as ever. He is refreshingly upbeat, candid and fun to work with and brings an unusual tax and other technical expertise with the instincts of a litigator. It is rare that he needs to call on the non-litigious experience of Eleanor Hart and her team, but it is a useful resource when required.’
‘Elmer Doonan is a wise and experienced elder statesman.’
Principaux clients
Government Legal Department / Ministry of Justice
Edinburgh Woollen Mill
Ministry of Defence
Cognita Schools Limited
Arriva Rail North Limited
NHS Business Services Authority
Sumitomo Corporation Europe Limited
3M
Habib Bank
WL Gore
Voestalpine Turnout Technology UK Limited
Trustees of the Basil E Leeder & Sons Limited Pension Scheme
Grant Thornton UK LLP
That Bournemouth Company 3 Limited
BCA Pension Trustees Ltd
Principaux dossiers
- Successfully agreed a compromise on behalf of the Trustees of the BCA Pension Scheme in order to compromise a section 75 debt claim against the employers.
- Successfully advised a client on a scheme sanction charge imposed by HMRC in respect of a registered pension scheme which included detailed analysis and advice of the relevant complex statutory and regulatory provisions, along with the limited case law on the area connected to permitted investments.
- Advising a company in administration on an investigation from the Pensions Regulator that the restructuring of the company’s business was detrimental to its pension scheme.
Mayer Brown International LLP
Mayer Brown International LLP‘s pensions disputes practice spans member complaints, matters before the pensions ombudsman, High Court litigation and regulatory investigations, and it also handles rectifications and overpayment cases. Another core area for the group is professional negligence claims against pensions professionals, frequently defending pension scheme advisers. Stuart Pickford predominantly acts for trustee clients, in addition to defending pensions-related professional negligence cases. He co-heads the contentious pensions offering with Tim Shepherd, another professional negligence expert. Senior associate Tom Wild brings with him experience on the pensions advisory side to support Pickford and Shepherd.
Responsables de la pratique:
Stuart Pickford; Tim Shepherd
Autres avocats clés:
Tom Wild
Les références
‘Experienced in pensions litigation especially acting for trustees where they have great expertise.’
‘Stuart Pickford is intelligent and has good judgment.’
Principaux clients
Pension Protection Fund
Merchant Navy Ratings Pension Fund Trustees Limited
QBE Insurance
Reed Elsevier Pensions Trustees Limited
Massey Ferguson Works Pension Trust Limited
Kingfisher Pension Trustee Limited
Santander (UK) Group Pension Scheme Trustees Limited
JMEPS Trustees Limited
Prudential Staff Pensions Limited
BOC Pension Scheme Trustees Limited
Principaux dossiers
- Defended pensions professionals and other consultants in relation to a range of professional negligence claims.
- Advised the trustee on the management and successful resolution of a governance dispute regarding the appointment of trustee directors and related intervention by the Pensions Regulator.
- Advising trustees on a long-running dispute with a member, including oversight of court proceedings to secure evidence, the involvement of the Information Commissioner and the successful defence of a complaint to the Pensions Ombudsman.
Taylor Wessing LLP
Taylor Wessing LLP‘s team is most noted for handling pensions fraud cases, with a depth of experience in suspected pension liberation schemes. The group has a strong client list of pensions trustees, and is also adept in contentious pensions-related work flowing from company restructurings. Mark Smith is the overall head of the wider pensions team, as well as pensions litigation; he has a strong track-record in pensions fraud cases.
Responsables de la pratique:
Mark Smith
Les références
‘With multiple disputes stretching back over many years, Taylor Wessing had a huge task in overseeing progress on each dispute with different aspects for each dispute. Their ability to keep on top of every detail and provide advice in a timely manner and to ultimately secure us a win was truly remarkable.’
‘Mark Smith is that rare thing – a lawyer that even a lay person can understand! Although the issues involved in our pensions dispute were very complex and stretching over many years, Mark was able to succinctly explain them to our board of trustees in a manner that was useful to the professional trustees but also accessible to non-professional trustees like me. His advice steered us successfully to a positive outcome and his patience and professionalism is much appreciated.’
‘Extremely responsive, with clear easy to follow guidance and advice.’
Principaux clients
Independent Trustee Services Limited
Pi Trustees
Principaux dossiers
- Advising the trustee of a large pension scheme in connection with a possible use of powers by The Pensions Regulator in relation to the refinancing of an employer group.
- Advising a number of employers on engagement with The Pensions Regulator as a result of significant breaches of the auto enrolment legislation.
- Advising the trustees of a number of pension schemes on the settlement of claims against former administrators and advisers in connection with historic benefits errors.
TLT
TLT‘s team is integrated into the broader pensions department, combining contentious and non-contentious pensions specialists. It works closely with scheme employers and trustees in a litigation support role, where court or ombudsman actions are involved. An area of particular activity is professional negligence claims, where it represents employers and their scheme trustees in claims against legal and actuarial advisers. Also of note are declarations and rectifications, where the group has particular expertise. Sasha Butterworth leads the national pensions department from the Bristol office, and is an expert in risk reduction and governance issues. She jointly leads the disputes team with Victoria Mabbett, whose experience spans professional negligence claims, construction and rectification matters. Ed Fiddick is another seasoned litigation lawyer.
Responsables de la pratique:
Sasha Butterworth; Victoria Mabbett
Autres avocats clés:
Ed Fiddick; Paul Gair; Kate Ward; Jack Hargreaves
Les références
‘Very approachable, bespoke client care, but just the right size and so are reassuringly well resourced.’
‘Vicky Mabbett is somewhat of a super woman. Huge energy levels, great attention to detail – she is a real rainmaker.’
‘I have found the team to be well-organised and practical in ensuring the litigation is conducted efficiently.’
Principaux clients
The Trustees of the Leggett and Platt UK Pension and Assurance Scheme
Pullmaflex U.K. Limited
Trustees of the Wandel & Goltermann Retirement Benefits Scheme
Principaux dossiers
- Acting for the Trustees of the Wandel & Goltermann Retirement Benefits Scheme in a claim seeking the Court’s declarations in relation to the interpretation of a provision in the governing Scheme documents.
- Acting for Pullmaflex U.K. Limited and the Trustees of the Leggett and Platt UK Pension and Assurance Scheme in bringing professional negligence claims against their former legal and actuarial advisors.
- Advising members of the Bic Pension Scheme in respect of the widely-reported proceedings issued by the sponsoring employer for declarations as to the validity of several scheme amendments and the consequential recovery of substantial alleged overpayments.
Ashurst
Ashurst‘s pensions disputes team has a comprehensive practice that revolves around defined benefit and defined contribution schemes, handling all aspects of contentious pensions issues. The group is most known for disputes involving rail industry schemes, as well as regulatory disputes and contentious funding negotiations. It also has the ability to handle multi-disciplinary disputes, utilising the firm’s global office network. The key name is John Gordon, a seasoned pensions disputes lawyer.
Responsables de la pratique:
John Gordon
Les références
‘Ashurst are Rolls Royce commercial litigators, who have the in-house pensions expertise required to run pension litigation.’
‘John Gordon knows everything there is to know about pensions.’
‘John Gordon has excellent knowledge and shows willingness to work with other experts.’
Norton Rose Fulbright
Norton Rose Fulbright fields a multi-disciplinary pensions disputes and investigations group, bringing together pensions lawyers with colleagues from the litigation, financial restructuring, insolvency and consulting departments. The team focuses on representing trustee and employer clients, in cases regarding the running of a scheme, documentation, and internal and ombudsman complaints. Patrick Bourke takes the lead, also coordinating the wider EMEA practice. Lesley Browning has recent experience in negotiations with trade unions and investigations initiated by the pensions regulator, while Katie Stephen is the name to note for financial services contentious regulatory matters, often acting in pensions-related matters.
Responsables de la pratique:
Patrick Bourke
Autres avocats clés:
Shane O’Reilly; Katie Stephen; Michelle George; Charlie Weston-Simons; Lesley Browning
Les références
‘Strength in depth. Experience and stability.’
‘Ability to understand issues quickly and to provide pragmatic advice. Always available to discuss issues as they arise.’
Principaux clients
Renishaw plc
Principaux dossiers
- Advised Renishaw plc on a complex benefits rectification exercise, involving sex equalisation and potential over- and under-payments.
Shoosmiths LLP
Shoosmiths LLP continues to build its standalone pensions disputes practice, defending scheme administrators in alleged breaches of duties and acting for trustees and principal employers in relation to potential claims against former advisers. Recommended also is the firm’s non-contentious lawyer Paul Carney, who is steeped in public sector pensions expertise.
Autres avocats clés:
Paul Carney
Les références
‘The team have been very helpful in the process of reviewing historical data and papers. They have kept the other professionals engaged and closely worked with counsel.’
Principaux clients
Entrust Limited
Bloor Holdings Limited
Capita Employee Benefits Limited
Greater Manchester Pension Fund
Principaux dossiers
- Continued advising Entrust Limited in relation to its claim (along with the sponsoring employer) against the former scheme administrators regarding the failure to close the Barber Window and equalise pension retirement ages.
- Advising the principal employer Bloor Holdings Limited in a claim for rectification regarding the imposition of unequal retirement ages in error, and issuing High Court proceedings seeking a rectification of the amendments to the Scheme Rules.
- Advising scheme administrators in relation to a claim made against them in relation to the winding up of a pension scheme and whether the scope of duty extended to the winding up of the scheme and if so on what basis.